A Florida sublease agreement is a contract between the original tenant (the sublessor) to rent out property to a new tenant who wasn’t part of the original lease (the sublessee). The sublessor is still responsible for upholding the terms of the original lease, but acts like a landlord by collecting rent from the sublessee and holding them responsible for any breach of the sublease agreement. Florida law does not specifically prohibit or allow subleases, so the terms of the original lease will dictate whether a sublease is permitted.
To save time and ensure everything is filled out correctly, we recommend using our free Florida sublease agreement builder or reading our steps on how to write a Florida sublease agreement below.
How to Write a Florida Sublease Agreement
- Name the parties and addresses — Identify the sublessor, sublessee, and landlord in the matching blanks. Provide an address for each party and the address of the rental unit to be subleased.
- Define the term of the lease — Enter the start and end date of the sublease agreement.
- Enter the amount of the security deposit — Enter the amount of the security deposit the sublessor will hold (if any). Include the number of days that the sublessor has after the sublessee moves out to return the deposit. If any amount is withheld, you must provide an explanation of why.
- Enter the amount of the rent — Include the amount of rent owed by the sublessee, the date the rent must be paid, and how it must be paid (such as cash, check, or money order).
- Determine utility costs — Enter the amount owed for utilities that the sublessee will be responsible for paying each rental period.
- List other terms — Define other terms the sublessee and sublessor agree to such as a pet or smoking policy.
- Fill in the state – Fill in the blank to show that Florida law will govern the agreement.
- Sign and date the document – The sublessee, sublessor, and landlord should all sign and date the document in the appropriate location. The agreement must also be witnessed by a third party. The sublessor and landlord must also initial if the original lease or inventory checklist is attached.
Florida Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Florida. Once you’ve filled out a Florida sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Florida laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Florida Landlord-Tenant Laws: Chapter 83 of the Florida Statutes
In Florida, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within fifteen days (15) of the end of the sublease, or thirty days (30) when imposing a claim on the deposit
- Provide the following days written notice of your intent to not renew the sublease and/or original lease depending on when rent is paid:
- Seven days (7) for weekly rental payments
- Fifteen days (15) for monthly rental payments
- Thirty days (30) for quarterly rental payments
- Sixty days (60) for yearly rental payments
Florida Sublease FAQs
Is subletting illegal in Florida?
No, subletting is not illegal in Florida. State law does not expressly prohibit subletting.
Can a tenant sublet without permission?
No, a tenant cannot sublet without permission in the state of Florida. You must ask permission from your landlord before subletting your property. Send a written request to your landlord via certified mail, and request a return receipt. Your landlord must also sign the sublease agreement once it’s created.
How to end a sublease agreement?
To end a sublease agreement in Florida as a sublessor: you must go through the same formal eviction process as the landlord would under the same circumstances.
Additionally, to end a sublease agreement as a sublessee, you can try and reach an agreement with your sublessor to end the sublease early. You may also end the sublease agreement if you have a valid legal reason such as unsafe property conditions or illegal activity on the premises.
Am I still responsible for the rent if I sublease my rental?
Yes, you (the original tenant) are still responsible for paying the rent if you sublease your rental. You’re still bound to the original terms of your lease, so if the sublessee doesn’t pay their share of the rent, you still have to pay your landlord the full amount owed.
However, you can take legal action against your sublessee to recover the amount you paid on their behalf.